Terms and condition

Terms And Conditions

TERMS OF USE FOR SELLERS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of ‘www.boxxapp.com’ website and mobile application ‘Boxxapp Partner’.
The domain name ‘www.boxxapp.com’ and mobile application ‘Boxxapp Partner’, (hereinafter collectively referred to as the “Website”) is owned by BoxxApp Technology Pvt Ltd , a Private Limited incorporated under the Companies Act 1956, having its registered office at [2, Jyotirling Sadan, Shivaji Nagar, Wagle Estate, Thane West, 4000604.] hereinafter referred to as the “Company” [Note: Type of the entity to be confirmed by Boxxapp team.].
For the purpose of this Terms of Use , wherever the context so requires, the term:
“Contents” means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the Website.
“Person” means any natural person, proprietorship, trust, firm, company, governmental authority, joint venture, association, limited liability partnership, partnership firm, society or other entity (whether or not having separate legal personality).
“Seller” means any Person who provides any services to the User’s through the Website;
“Service” means selling of any products or services to the Users through the Website;
“User” means any Person who accesses the Website or avails any Service through the

Website;

Certain terms may be defined in this Terms of Use and wherever such terms are used in this Terms of Use, they shall have the meaning so assigned to them.
For the purpose of these Terms of Use words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.
Throughout this Terms of Use, Company’s prior written consent means a communication coming from Company’s legal department, specifically in response to the Seller’s request, and specifically addressing the activity or conduct for which the Seller seeks authorization.
Seller’s use of the Website, the manner of providing the Services and remittance of the order value by the Company to the Seller deposited by the User to the bank account of the Company are governed by the terms and conditions set out in this document (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By providing the Services to the User through the Website, the Seller shall be contracting with the Company and these terms and conditions including the policies will constitute the Seller’s binding obligations with the Company.
By using this Website or any facility or by providing any Services through the Website in any way, the Seller agrees that they have read, understood and agree to be bound, including without limitation, by these Terms of Use, the Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable laws in India for the purposes of accessing, or transacting on the Website, or providing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as an integral part of these Terms of Use.
Seller’s are advised to read the Terms of Use carefully before proceeding. By impliedly or expressly accepting these Terms of Use, the Seller also agrees and undertakes to be bound by all policies prescribed by the Company from time to time (including but not limited to the Privacy Policy available at [insert link to Privacy Policy] as amended from time to time.).
The Company reserves the right to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to the Seller. It is the Seller’s sole responsibility to review these Terms of Use periodically for updates or changes. The Seller’s continued use of the Website following the posting of changes shall be deemed to mean that the Seller accepts and agrees to the revisions.
As long as the Seller complies with these Terms of Use, the Company grants the Seller a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.

PART 1: REGISTRATION PROCESS

The Website is a platform that can be utilized by Sellers to reach a large base of Users to provide their Services or promote their product. The Seller shall provide their Services by creating an account on the Website and providing the below mentioned details to the Company:
name and Address of the Seller’s store or shop;
GST Registration Number and PAN;
bank account number and IFSC; and
email address;
active Mobile Number; and
description and images of the products to be listed on the Website.
On the receipt of the all the above mentioned information for the registration process, the Company shall register Seller on the Website subject to the complete verification of all the details provided to it by the Seller.

PART 2: DASHBOARD

The Company on the successful registration of the Seller on the Website, will provide access to the Seller of the dashboard which will help the Seller to provide him with all the necessary information about the products sold through the Website and the items listed on the Website (“Dashboard”). The home page of the Dashboard which have all the information in relation to the sales made through the Website, including information of the orders which are completed, confirmed, pending, ready for handover and orders in transit. The home page of the Website will also give information about the quantum of sales in rupees made by a Seller in a day, week and month.
The Seller can access the order history page of the Dashboard to get information of number of orders which have been executed through the Website along the delivered orders and orders for which the Seller had to refund the money to the User.
The Seller can access the shop page of the Dashboard to view all information about the current products listed on the Website along with the reviews of the Users on the said products.
The Wallet page of the Dashboard will provide the Seller with information about the current account balance, total earnings, amount collected from the User, amount withdrawn from the wallet, amount pending to be withdrawn from the wallet and withdrawal history of the Seller.
The Dashboard also provides the Seller to change their profile information, list more products on the Website, view different category of products of the Seller listed on the Website, change bank details, get expense reports, view coupon provided by the Company, have conversation with the customers/the Company and change the language of the Dashboard.

PART 3: ACKNOWLEDGEMENTS BY THE SELLERS

The Seller agrees and acknowledges that:

the Company is only an intermediary which provides User’s Services through the Website in order to enable the Sellers to provide the Services to Users;
the Seller will be solely responsible to provide the Services in accordance with applicable laws;
the Company does not verify the details provided by the User while placing the orders; and
the Company makes no promise or guarantee for the number of orders that will be allocated to him.

PART 4: ROLE OF THE COMPANYn by the Company to the Seller or any outstanding balance to be remitted will be available at the Seller’s account created on the Website.

The role of the Company is limited to providing access to the Website, over which information is made available by Sellers. The Company does not initiate the transmission of such information neither does it select the receiver or modify the information contained in such information.

PART 5: DUTIES OF THE SELLERS

Use of the Website is available only to persons who can enter legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, person of unsound mind are not eligible to use the Website. Any person under the age of 18 (eighteen) shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by minor’s legal guardian or parents on the Website. The Company reserves the right to terminate any person’s membership/registration or refuse to provide such person with access to the Website if it is brought to the Company’s notice or if it is discovered that such person is not eligible to use the Website.
If the Seller uses the Website, the Seller shall be responsible for maintaining the confidentiality of the display name and password and the Seller shall be responsible for all activities that occur under its display name.
Seller agrees, undertakes, and confirms that he shall not host, display, upload, modify, publish, transmit, update or share any information that:
Seller does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatsoever;
is unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading in any way;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
promotes an illegal or unauthorized copy of another person’s copyrighted work;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone’s privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
engages in commercial activities or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website;
refers to any website or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

harm minors in any way;

infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or fraudulent or involves the sale of counterfeit or stolen products;
violates any law for the time being in force;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of India, India’s friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
creates any liability for the Company or causes the Company to lose (in whole or in part) the services of its internet service provider (“ISPs”) or other suppliers.
The Seller agrees and undertakes that the Services listed on the Website shall not violate Prevention of Food Adulteration Act, 1954, Drugs and Cosmetics Act 1940, Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954, Legal Metrology Act, 2009, Legal Metrology (Packaged Commodities) Rules, 2011, Indian Penal Code, 1860 or such other applicable laws as applicable to each of the Services offered to the User’s through the Website and any other relevant certification process required under various Central and State legislations.

The Seller agrees to provide complete and accurate specifications of the products it wishes to list on the Website. The Seller shall provide the following at the time of listing of the products:
Coloured and legible image of the product;
Height and width should be 1000 pixels or larger to enable zooming; and
Images must not exceed 10,000 pixels on the longest side;

Please note: The images provided shall be in JPEG (.jpg) format.

The Seller shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. The Company reserves its right to bar any such activity.
The Seller shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
The Seller shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. Seller may not reverse look-up, trace or seek to trace any information of the visitor to Website.
Seller shall not make any negative, denigrating or defamatory statements or comments about the Website or the Company or any other brand name or domain name used by the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name or goodwill associated with such trade or service marks, trade name as may be owned or used by the Company.
Seller agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
Seller will not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.
Seller shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 and Digital Personal Data Protection Act, 2023 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations regarding the User’s use of the Website. The User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
Solely to enable the Company to use the information supplied to it by the Seller, so that the Company is not in violation of any rights the Seller may have in its information, Seller grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights Seller has in its information, in any media now known or not currently known, with respect to Seller’s information. The Company will only use Seller’s information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
The Seller shall not use any information obtained from the Website in order to harass, abuse, or harm the Company or User, or in order to contact, advertise to, solicit, to another Person other than the Company.
The Seller agrees to indemnify and hold harmless the Company, its directors, employees, officers, representatives and agents from and against all losses, costs, damages, claims, suits, actions, proceedings, expenses, liabilities, and demands (“Claims”) howsoever arising from or in connection with or on account of any breach or non-fulfilment of any of the Seller’s Obligations, the Seller’s warranties, representations or undertakings or any terms and conditions of this Agreement or non-performance of any of its obligations under this Agreement to the satisfaction of the Company, including but not limited to (i) Claim(s) for any infringement of third intellectual property rights; (ii) Claim(s) concerning quality or fitness for use of the Seller’s product; (iii) loss or damage suffered or incurred on account of contravention of applicable laws pertaining to the Services and their packaging and handling; or (iv) any loss or damage due to inadequate or improper packing including any breach of the packing norms prescribed by the Company or applicable law.
In the event where a suit is brought upon by the User or any other third party on the Company due to the negligence of the Seller, the Company reserves the right to defend itself. The Seller shall be a party to such suit, claim or proceeding if so required by the Company. The Seller shall reimburse the Company, all costs and damages incurred or suffered by the Company in respect of defending such suit, Claim or proceeding including without limitation all legal fees, costs of such defence and attorney’s fees. In the event that the Company is required to proceed for compounding or other such proceeding and is required pursuant thereto to pay any fines or other amounts, the same shall be covered under the indemnity obligations of the Seller under this Terms of Use.
The Seller understands that the Company has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, the Company can (and the Seller hereby expressly authorizes the Company to) disclose any information about the Seller to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, Digital Personal Data Protection Act, 2023 or any other law as the Company, in its sole discretion, believes is necessary or appropriate in connection with the investigation or resolution of possible crimes, especially those that may involve personal injury.
The Seller acknowledges that the Company is required to report cyber security incidents related information with appropriate authority and relevant data in connection therewith, which report may include data of the Users and their activities on the Website.
The Company shall have all the right to take necessary action and claim damages that may occur due to Seller’s involvement/participation in any way on his own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

PART 6: PAYMENT TERMS

The User’s will pay the order value to the Company as set out on the Website via any online payment gateway or debit or credit card or cash on delivery. On the receipt of the said payment, the Company will remit the payment to the Seller’s bank account after deducting delivery charges or refund amounts, if any within 30 (thirty) days of receipt of payment by the User.
Seller agrees to pay a yearly registration fee as intimated by the Company for providing its Services to the User’s through the Website (“Subscription Fees”). In the event of non-payment of a Subscription Fees, the Company shall be relieved of all of its obligations under this Terms of Use and the Seller will not be able to access its account created on the Website up till the payment of the Subscription Fees. The Company shall be entitled to retain all rights mentioned in this Terms of Use till such payment is made.
The Seller can also promote its store or products through an advertisement on the Website by paying an amount intimated by the Company (“Advertisement Fees”).
The Company shall be entitled to retain all payments held by it for the Seller and appropriate it to towards amounts due to the Company from the Seller.
Unless otherwise mutually agreed between the Company and the Seller in writing, the Subscription Fee, Advertisement Fees and delivery charges are exclusive of all applicable taxes. The Seller agrees to bear all the applicable taxes duties, or other similar payments by providing the Services through the Website to the Users and the Company shall not be responsible to collect, report, or remit any taxes arising from any transaction between the User and the Seller.

PART 7: TERMINATION

The Company may forthwith suspend or terminate the Seller’s account on the Website if the event the Seller is found be in non-compliance with any of the provisions set out in Part 5 (Duties of the Seller) on this Terms of Use.
The Seller may terminate its engagement with the Company by deleting its account on the Website.
Upon termination of Seller’s engagement with the Company for any reason whatsoever:
Seller shall deliver to the Company any and all documents, intellectual property including confidential information of the Company possessed by it;
Seller shall pay the all the outstanding charges due to the Company;
the Company shall remove the Services offered by the Seller from the Website; and
Seller shall fulfil all its outstanding orders undertaken through the Website by the Seller prior to the date of termination of its engagement with the Company.
It is clarified that the termination of Seller’s engagement with the Company shall not release the Seller from its obligation to pay any sum owed to the Company, or from the obligation to perform any other duty or to discharge any or other liability incurred by the Seller prior to such termination.

PART 8: GENERAL TERMS

Content on Website

Except as expressly provided in these Terms of Use, no part of the Website and no Contents may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

Software

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to the Seller through the Website and the Company does not represent or warrant that the Website or Dashboard will be constantly available at all times.
The software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless the Seller’s device, its settings, or computer software does not permit transmission or use of upgrades or updates, the Seller agrees that the Company, or the applicable software or software application store, may provide notice to the Seller of the availability of such upgrades or updates and automatically push such upgrade or update to Seller’s device or computer from time-to-time. The Seller may be required to install certain upgrades or updates to the software in order to continue to provide the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services).

Payments Issues

All payments made by the Company to the Seller’s shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the Services provide on the Website.
The Company may delay notifying the payment confirmation if the Company deems suspicious or for Seller’s conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, the Company may hold transaction price, or the Company may remit transaction price to law enforcement officials at the request of law enforcement officials or in the event the Seller is engaged in any form of illegal activity.
The Seller agrees and acknowledges that the Company will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of the Company.

Returns and Refunds

The Seller agrees to exchange the product subject to the following:
The returned Product should be in original form (with brand’s/manufacturer's box, MRP tag intact, user manual, warranty card and all the accessories therein, if any);
Product details such as batch number should be the same as mentioned on the invoice or as per the records maintained by the Seller;
Product should not be a non-returnable product as indicated on the Website or as intimated by the Company from time to time;
Temperature controlled and speciality medicines are not eligible for returns.
The Seller shall exchange the product within 3 (three) days from the date of receipt of product.

Intellectual Property

The Seller must not copy, reproduce, republish, upload, post, transmit or distribute any intellectual property of the Website in any way, including by email or other electronic means and whether directly or indirectly and also, the Seller must not assist any other Person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the Seller may receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
The Company respects the intellectual property of others. In case any Person feels that his Trademark has been infringed, he can write to the Company at support@Boxxapp.com.

Governing Law and Dispute Resolution

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India.
These Terms of Use shall be construed and governed by the laws of India and the courts of Mumbai shall have exclusive jurisdiction over all disputes arising out these Terms of Use.
Any dispute or disagreement arising out of these Terms of Use including but not limited to issues relating to the rights and liabilities of Seller and the Company, interpretation of these Terms of Use, and all such other issues arising out of these Terms of Use shall be referred to a sole arbitrator mutually appointed by the Company and the disputing Seller.
In the event, wherein the disputing parties are unable to decide on a sole arbitrator within 5 (five) days of a party recommending an arbitrator, each disputing party will appoint one arbitrator and the two appointed arbitrators will appoint a third arbitrator.
The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Mumbai and conducted in English.
The Agreement will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction.

Severability

If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

No More Favourable Terms

The Seller shall not provide offers similar to the offers set out on the Website for similar Services to any other online platform, on terms that are more favourable than the terms as set out on the Website.

Waiver

Any failure by Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Company of that provision or right.

Contact Us

Please send any questions or comments regarding this Website to support@Boxxapp.com.

Consent Manager/ Grievance Officer

In accordance with Information Technology Act 2000 and Digital Personal Data Protection Act, 2023 and rules made thereunder, the name and contact details of the Consent Manager/Grievance Officer are provided below:

Name: Punit M Joshi

Address: 2, Jyotirling Sadan, Shivaji Nagar, Wagle Estate, Thane West, 4000604.

E-mail: support@Boxxapp.com